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WT/TPR/M/316/Add.1 22 September 2015 (15 WT/TPR/M/316/Add.1 22 September 2015 (15-4871) Page: 1/125 Trade Policy Review Body Original: English/Spanish 29 June and 1 July 2015 anglais/espagnol inglés/español TRADE POLICY REVIEW NEW ZEALAND MINUTES OF THE MEETING Addendum Chairperson: H.E. Mr. Atanas Paparizov (Bulgaria) This document contains the advance written questions and additional questions by WTO Members, and replies provided by New Zealand.1 Organe d'examen des politiques commerciales 29 juin et 1 juillet 2015 EXAMEN DES POLITIQUES COMMERCIALES NOUVELLE-ZÉLANDE COMPTE RENDU DE LA RÉUNION Addendum Président: S.E. M. Atanas Paparizov (Bulgarie) Le présent document contient les questions écrites communiquées à l'avance par les Membres de l'OMC, leurs questions additionnelles, et les réponses fournies par Nouvelle-Zélande.1 Órgano de Examen de las Políticas Comerciales 29 de junio y 1 de julio de 2015 EXAMEN DE LAS POLÍTICAS COMERCIALES NUEVA ZELANDIA ACTA DE LA REUNIÓN Addendum Presidente: Excmo. Sr. Atanas Paparizov (Bulgaria) En el presente documento figuran las preguntas presentadas anticipadamente por escrito y las preguntas adicionales de los Miembros de la OMC, así como las respuestas facilitadas por Nueva Zelandia.1 1 In English and Spanish only./En anglais et espagnol seulement./En inglés y español solamente. WT/TPR/M/316/Add.1 - 2 - CONTENTS CANADA ........................................................................................................................... 3 MALAYSIA ........................................................................................................................ 9 AUSTRALIA .................................................................................................................... 10 HONG KONG, CHINA ....................................................................................................... 12 CHINA ............................................................................................................................ 18 SWITZERLAND ............................................................................................................... 28 INDIA ............................................................................................................................ 33 CHINESE TAIPEI ............................................................................................................ 42 MEXICO .......................................................................................................................... 56 COLOMBIA ..................................................................................................................... 61 THE EUROPEAN UNION .................................................................................................. 74 SINGAPORE .................................................................................................................... 84 JAPAN ............................................................................................................................ 87 UNITED STATES ............................................................................................................. 89 BRAZIL ........................................................................................................................... 95 CHILE ............................................................................................................................. 99 COSTA RICA ................................................................................................................. 102 TURKEY ........................................................................................................................ 104 PERU ............................................................................................................................ 113 REPUBLIC OF KOREA .................................................................................................... 119 THAILAND .................................................................................................................... 122 WT/TPR/M/316/Add.1 - 3 - CANADA Government Report (G316) Part 2. KEY DEVELOPMENTS IN ECONOMIC POLICY; Current Economic Priorities: paragraph 2.1, page 3: It is noted that consumer price inflation (CPI) remains modest in 2014. 1. Could New Zealand explain whether the changes in prices of pharmaceuticals are above or below the overall inflation level of the country, and whether any steps are taken to regulate the change in prices of pharmaceuticals? New Zealand does not regulate pharmaceutical prices. The government does not routinely collect data on the relationship between inflation and these prices. 2. Could New Zealand explain whether the wholesale and pharmacy margins of pharmaceuticals are regulated in NZ? New Zealand does not regulate pharmaceutical prices. The Government does not routinely collect data on the relationship between inflation and these prices. Part 7. BILATERAL AND REGIONAL TRADE AGREEMENTS; (7.1) Australia New Zealand Closer Economic Relationship: paragraph 7.10, page 15: Australia and New Zealand continue to work closely on a range of issues to progress the SEM agenda. A broad range of SEM initiatives have been achieved across the following four themes: i. Reducing the impact of borders – focusing on reducing barriers to trade, travel and investment (e.g. the enactment of the 2013 CER Investment Protocol); ii. Improving the business environment – reducing barriers to trade by streamlining regulatory frameworks (e.g. the enactment of an updated Double Tax Agreement in 2010 – due for further review in 2015); iii. Improving regulatory effectiveness – finding ways for regulators to operate more effectively (e.g. the Trans-Tasman Court Proceedings and Regulatory Enforcement Treaty, which allows the enforcement of civil judgements across the Tasman); and iv. Supporting business opportunities – facilitating connections between businesses to take advantage of openness in trans-Tasman markets (e.g. the annual Australia New Zealand Leadership Forum). 3. As part of the Trans-Tasman patent attorney regime, how will New Zealand transition their approaches to the application of privileged communications with patent and trade-mark agents in order to adhere to the Australian model? The Arrangement between the Government of Australia and the Government of New Zealand Relating to Trans-Tasman regulations of Patent Attorneys sets out how the Trans-Tasman patent attorney regime (the Arrangement) is to be implemented. (http://www.med.govt.nz/business/intellectual-property/pdf-docs-library/proposal-for-trans- tasman-regulation-of-patent-attorneys/Bilateral-arrangement-signed-March-2013.pdf) The Arrangement does not cover harmonisation or alignment of the protection to be provided for communications between a patent attorney and his or her client. Neither Australia nor New Zealand will, therefore, be making any changes to the existing protections afforded to communications between patent attorneys or their clients. New Zealand does not provide protection for communications between trade mark agents and their clients, unless the trade mark agent is also either a lawyer or registered patent attorney, and if the communication was intended to be confidential and made in the course of, and for the purpose of, WT/TPR/M/316/Add.1 - 4 - the person obtaining professional legal services from the legal adviser, or the legal adviser giving such services to the person. 4. What will be the effect on the New Zealand Intellectual Property Office and the New Zealand Institute of Patent Attorneys from adopting Australia's oversight mechanisms (i.e. code of conduct and disciplinary process)? The effect on the Intellectual Property Office of New Zealand and New Zealand Institute of Patent Attorneys, Inc. is anticipated to be minimal, if any. The majority of New Zealand's patent attorneys are already registered to practise in Australia and, therefore, subject to Australia's existing oversight mechanisms. Extension of Australia's oversight mechanism to New Zealand will provide a more accessible procedure for addressing complaints about behaviour and actions of patent attorneys, compared to what is currently available in New Zealand. 5. How will privileged communications with patent and trade-mark agents apply to third parties both nationally and at the international level? Section 54 of the Evidence Act 2006 (http://www.legislation.govt.nz/act/public/2006/0069/latest/DLM393659.html?search=ta_act_E_a c%40ainf%40anif_an%40bn%40rn_25_a&p=2) provides privilege for communications between patent attorneys and their clients where the communication is intended to be confidential and made in the course of, and for the purpose of, the client obtaining professional legal services from the patent attorney or the patent attorney giving such services to the client. Privilege applies to communications in respect of both local patent attorneys and overseas patent attorneys whose functions correspond to those a New Zealand registered patent attorney. Third parties are not, therefore, able to use New Zealand's court procedures to gain access to privileged communications between a patent attorney and his or her client. As noted above, privilege is not conferred on a client for their communications with their trade mark agent unless the trade mark agent is also a lawyer or registered patent attorney. Secretariat Report (S316) SUMMARY: paragraph 16, page 7: It is noted that government procurement amounted to 20% of GDP in 2012. 6. Canada would like to know what percentage
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